Title 45
Towns and Cities

Chapter 23
Subdivision of Land

§ 45-23-60. Procedure — Required findings.

(a) Except as set forth in this section, all local regulations shall require that for all administrative, minor, and major development applications the approving authorities responsible for land development and subdivision review and approval shall make positive findings on the following standard provisions, as part of the proposed project’s record prior to approval:

(1) The proposed development is consistent with the comprehensive community plan and/or has satisfactorily addressed the issues where there may be inconsistencies;

(2) The proposed development is in compliance with the standards and provisions of the municipality’s zoning ordinance or has obtained relief from the same, or another provision of this chapter that exempts compliance with a specific provision or standard;

(3) There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval;

(4) The subdivision, as proposed, will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable. (See definition of Buildable lot). Lots with physical constraints to development may be created only if identified as permanent open space or permanently reserved for a public purpose on the approved, recorded plans; and

(5) All proposed land developments and all subdivision lots have adequate physical and permanent physical access to a public street unless there are local zoning ordinance provisions allowing exceptions to this requirement or the applicant has obtained the required relief from this provision.

(b) Except for administrative subdivisions, findings of fact must be supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted.

(c) Minor subdivisions subject to administrative review and approval only, as set forth in § 45-23-38(a)(2) shall only be subject to the standard provisions set forth in subsections (a)(1), (a)(2), and (a)(5) of this section.